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(영문) 서울서부지방법원 2016.12.16 2016고단938
의료법위반
Text

Defendant shall be punished by a fine of 25 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates the “D internal tasks” in the Gu Council-si C.

No medical person, founder of a medical institution, nor person working for a medical institution shall receive money, goods, benefits, labor, entertainment, or other economic benefits provided by a person who has obtained a product license under Article 31 of the Pharmaceutical Affairs Act, or a person who has filed a product report, for the purpose of sales promotion, such as inducing the adoption of

Nevertheless, the Defendant received a proposal from E Co., Ltd. E (hereinafter “E”)’s business members to provide economic benefits, such as cash, upon prescribing prescription drugs, such as G, etc. being produced and sold in E, to comply with the proposal. On October 201, the Defendant received KRW 7350,000 from F in cash from F at the above clinic’s clinic at around 00,000 won and received a total of KRW 4,525,00,000 from June 29, 201 in the same manner as indicated in the list of crimes.

As a result, the Defendant received 45,250,000 won from E for the purpose of sales promotion, such as inducing the adoption and reception of drugs.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by the prosecution (including F statements);

1. Investigation report (attached to the statistics of corresponding month, and suspect A);

1.The details of the prescriptions entered by business members in the database, photographs of the request for withdrawal from shipments, made by F in an investigative agency, shall be reliable for the following reasons:

F is clearly distinguishable from the hospital receiving rebates, and ② the company has received a certain percentage of the amount of rebates for each drug in accordance with the prescription content, and ③ the company has made a claim for rebates, ③ the company has made use of the rebates at a certain rate and delivered the remainder to the relevant doctor, and the company has made a statement that the rebates amount may be specified, as it has been paid only in 50,000 won. The rebates paid to the Defendant in accordance with this standard.

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